Legal Opinion

In re Gonzalez

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 19, 2016No. Bky. No. 15-10628 ELFPublishedCited by 11 opinions

1Opinion of the Court

AMENDED OPINION

ERIC L. FRANK, CHIEF U.S. BANKRUPTCY JUDGE

I. INTRODUCTION

This chapter 13 case presents the following issue:

Following a tax sale conducted pursuant to 53 P.S. § 7283, may a debtor who files a chapter 13 bankruptcy case before the expiration of the redemption period provided by 53 P.S. § 7293(a), treat and provide for the amount that must be paid to the tax sale purchaser to redeem the property under 53 P.S. § 7293 as an allowed secured claim under 11 U.S.C. §§ 1322(b)(2) and 1325(a)(5)?

Courts throughout the country are divided on the'powers of a chapter 13 debtor following a tax…

2Cases cited59 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  3. Johnson v. Home State BankSupreme Court of the United States · 1991
  4. Elizabeth Dole, Secretary of Labor v. Arco Chemical Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1990
  5. United States v. Energy Resources Co.Supreme Court of the United States · 1990

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3Cited by11 opinions

  1. Financial Casualty & Surety Co. v. ThayerDistrict Court, D. New Jersey · 2016
  2. Dobin v. Golden (In re Smith)United States Bankruptcy Court, D. New Jersey · 2019
  3. Andresi Rosett TateUnited States Bankruptcy Court, W.D. Texas · 2021
  4. City of Philadelphia v. D. Hawkins ~ Appeal of: R.P. SinghalCommonwealth Court of Pennsylvania · 2017
  5. In re GonzalezUnited States Bankruptcy Court, E.D. Pennsylvania · 2016

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